Question of the context of hardship in K1

[Penguin_ie 5,994]

Tourist visas for young single Filipinas are very difficult, but it only costs 100 dollars (I think) to try, so worth giving it a go. She'd need as much proof as possible that she will return, maybe the relatives can write letters saying that they rely on her for childcare... can she get a paid job, and then get a letter from the employer, and/ or enroll in a course of study at a university? The latter would also make her more employable when she does move to the USA.

The one case I remember seeing where the meeting requirement was waived, the US citizen could not travel abroad at al, as they were not allowed a passport (criminal convictions and parole), and the fiancee tried three times over 4 or 5 years to get a tourist visa to the USA and was denied.

The K3 is obsolete, if you go for a spousal visa, go for the CR-1; whether you want to get married on your first meeting in person is up to you and her.. personally I wouldn;t want to get married on a first meeting. But the spousal visa would have the advantage of giving her a greencard right away once she immigrates, ie less paperwork, somewhat cheaper, and she can work right away, as money will be an issue for you two (though this doesn't absolve you from the financial sponsorship requirement).

[~Johnny~ 27]

There are many others on this forum who know far more than I on this subject. I know that aquiring a tourist visa from PI is next to impossible. My fiancee's mom tried a few years ago and was denied. And she has a job, a house, two kids and every reason to come back to PI. Still denied. It's very difficult to get approval of tourist Visa is PI because it's considered a high fraud consulate.

Your best option would be to try to visit in person. If you were married in PI then you fall under different catagory of Visa with a bit of a different process. As a K3/IR, you could have better luck with a co-sponsor and the approval process is different. Just FYI, PI has a 10 day waiting requirement for marriage license and you must both apply in person.

I don't believe denial of tourist visa is a valid reason for not requiring the "meeting in person" requirement.

[Rebecca Jo 1,962]

You understand that if you file and the waiver is denied, that is money lost?

[az110965 252]

To have your girlfriend qualify for a tourist visa she would need to meet the following criteria:

Significant ties to her country ie: real estate holdings, significant deposits in banks in her home country, a letter fro here employer stating the date she would return to her job, automobile loans, mortgages, utility bills, etc...

A single woman with no job, no financial portfolio and nothing really to go home to stands 0 chance of obtaining a tourist visa, and despite what a poster may have said - her failure to obtain a tourist visa will not help your chances for a waiver for having met within 2 years.

If you meet in a neutral country and get married, you'd be filing for a CR-1 visa, BUT you will have satisifed the "having met within 2 years" condition of the K-1. USCIS doesn't care WHERE you met, only that you have met.

As an aside... Being that you've only known this woman online and have never seen her, do yourself a favor and opt for the K-1 visa route.

[~Johnny~ 27]

You understand that if you file and the waiver is denied, that is money lost?

Can you imagine being denied at the consulate level?? Let's say after the visa fee increase coming soon? So, that's $455 USCIS, $500 (give or take) St Lukes medical, travel and interview costs, then the newly proposed $355 for visa fee....whoa!! That's about $1300 non refundable if denied!!

[Rebecca Jo 1,962]

Can you imagine being denied at the consulate level?? Let's say after the visa fee increase coming soon? So, that's $455 USCIS, $500 (give or take) St Lukes medical, travel and interview costs, then the newly proposed $355 for visa fee....whoa!! That's about $1300 non refundable if denied!!

The OP won't lose that much. The case will be denied at the Service Center level.

[~Johnny~ 27]

The OP won't lose that much. The case will be denied at the Service Center level.

My guess as well.

[NigeriaorBust 4,087]

I have read of a case where the USC was unable to travel at all. Not by plane not by train not by boat. And the non USC had been denied a visitors visa. The theory would be if you can travel by boat or train and not by plane then the two of you could meet somewhere. And they aren't concerned at how expensive that trip would be. If you can prove that by way of documented medical condition(s) then you have a chance at getting a waiver. It will at a minimun cost you the attempt at a tourist visa and possibly a visit to your doctor to get the documentation of your disability and it's affect on your ability to travel. Waivers are very rare.

[az110965 252]

QUOTE (JohnnyQuest @ Feb 15 2010, 04:50 PM)

The OP won't lose that much. The case will be denied at the Service Center level

I would think so

[JimVaPhuong 4,863]

I'm dealing with a problematic hand, I would still try for the disability and the co-sponsor to exhaust my options. I would still like some tips to get us to qualify for a tourist visa if long term need, and leaving would be my last option. Thank you Penguin_ie , however is proof of being denied a tourist visa a valid reason? I may be in your 2nd range, and the 3rd is a tip, anything else though, however difficult? And for that tip, would you then marry in the third country and try K3, or try the K1? I would need a tourist visa too. 0

Hold your horses, cowboy! First, you gotta prove that YOU can't leave the US. Simply providing evidence that you couldn't fly to the Philippines (for example) would not be enough. As NigeriaorBust pointed out, any method of travel to any common destination would be considered viable by USCIS. If you're going to use disability, you practically need to be nailed to your bed (life support is a good example). If your doctor says it's impossible (not just inconvenient or uncomfortable) for you to sit in an airplane for 12 hours, the consulate will expect you to go by boat, if needed. Unless you have some rare disorder that makes your hand the size of a truck, I can't imagine what sort of "problematic hand" problem could successfully get this waiver for you. It may have been enough for you to convince the SSA that you couldn't work, but I seriously doubt it will be enough to convince USCIS that you can't travel anywhere by any means.

Look, USCIS doesn't take this two year meeting thing lightly. The law specifically requires that you've met, and that you can prove it. Only two exceptions are provided for in the law, and waivers based on those exceptions are very rarely granted. I strongly suspect you'll be wasting your money if you choose to file and ask for this waiver.

There's also a not-so-insignificant chance that you'll meet each other and find you're not as compatible as you thought you would be. What you read on this forum are the people who met their fiancee's and hit it off. What you don't read are the hundreds who traveled to meet their fiancee, and the relationship crumbled. You don't read about them because they never petitioned for a visa. It would seriously suck if she got here and you discovered that it wasn't meant to be, when you could have discovered this before spending all of that time and money on a fiancee visa just by taking a short trip to the Philippines. Besides, no matter how it turns out, the trip will be an adventure you'll never forget.

[Boiler 45,549]

I thought he was talking about hand as in card hand, not that his hand was the issue.

[Shane0210 0]

I don't have a "hand" problem. I appreciate your response JimVaPhuong but I do not need to be lectured on compatibility.

[Gary and Alla 3,694]

I have heard on exactly ONE case being approved for hardship for medical reasons. If it is possible for your fiancee to travel to see you and the government will grant her a visa to visit, they will deny the hardship for medical reasons. They do not care WHERE you meet, only that you do.

Reasons for not meeting in person must be presented with the petition. Provide as much evidence and reasoning as possible.

No, it is not your only chance. You can petition again if the first one is denied. The fee is non-refundable. There is no warranty you will be approved without meeting in person, the chances are very slim.

[Anh map 2,098]

OP, consult an experienced, qualified immigration attorney that can help assess your case for a waiver.

It's going to be tough as you two have never actually met face to face. It's likely that an adjudicator is going to see someone wanting to bring a caregiver as a fiancee/spouse. Or a beneficiary looking to take advantage of a disabled petitioner. Either scenario is tough.

Spend sone money on a consult with a good attorney. Seems to be a prudent first step.

Best of luck.

[Dakine 26]

As you can see Shane you are in for a LOT of negative comments which, Sad but true, are for real.

You have enough problems needing a co-sponsor and the fact that USEM doesn't accept some cases with co sponsors. Goes on a case by case basis. Mainly by if you have the ability to make enough to support you and your mate in the future. Very rare that cosponsors will support you and your wife forever and COs are aware of that also.

Your future wifes abilty to make money doesn't really come into play at the interview. I have seen where a certified doctors possible ability did come into play once. Rare bird tho.

USEM also looks at the fact if you are disabled that you are just bring a "nurse" to help you. As you no doubt know by now there are LOTS of filipinas that want to get to the US ANYWAY they can.

Good luck.